Single-plaintiff, individual arbitration, and misclassification

CRA provided expert testimony in a single-claimant arbitration. The claimant alleged he was misclassified as a salaried overtime exempt employee, and he purported to work a significant number of overtime hours each week. In the absence of time-keeping records, CRA relied upon logs exported from the employer’s proprietary, project-management software platform to construct a timeline of the claimant’s key activities that were accomplished each week. Additionally, relying on industry standards and the claimant’s testimony, CRA was able to assign a range of hours to these weekly activities. The estimated range of time devoted to measurable tasks each week was far lower than the number of hours alleged by the claimant and was used in reaching a pre-hearing settlement.

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